Elder Law encompasses the unique legal aspects of aging. An Elder Law Attorney is familiar with the Federal and Florida laws that impact seniors’ well-being and personal wishes.

Elder Law: Guardianship, Estate planning

Elder Law covers many areas including guardianship, estate planning (wills and trusts, powers of attorney and advanced directives), Medicaid planning and long term care issues, probate and estate administration. Many elder law attorneys also assist families who have children – minors or adults–with special needs. Some Elder Law attorneys may practice a few of these complex areas of law, while others may be more comprehensive in their coverage.    Elder law attorneys consider a client’s wishes, his or her health issues and the potential for nursing home care. Some issues may simply be a matter of filling out the correct paperwork, while others are more complex and time-consuming.

It is important to find an Elder Law attorney who is skilled, knowledgeable and up-to-date about policy and legal issues in his or her respective geographical areas.  The Academy of Florida Elder Law Attorneys is an excellent place to start a search for the right fit.  As members of the Academy, we aspire to high standards of ethics and professionalism and we strive to provide legal advocacy, guidance and services to enhance the lives of seniors and those with special needs.

To contact attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

The U.S. Supreme Court has ruled that same-sex partners have a constitutional right to marry, nationwide. The Court’s ruling takes away any previous ambiguity about the recognition of same-sex marriages in Florida. What does this mean for same-sex spouses who are purchasing real estate together?

Same Sex Tenancy by the Entireties

Same-sex married couples can now take title together as tenancy by the entireties. Formerly, same-sex couples were limited to tenancy with rights of survivorship and tenancy in common.

Tenancy by the entireties is a type of survivorship deed – when one of the parties dies the property passes automatically to the other without the need of probate. But holding the property as tenancy by the entireties, (formerly only available to “husband and wife”) has the advantage of providing creditor protection to the parties – judgments against one same-sex partner will not attach to property they hold as a married couple.

Furthermore, the Old Republic Title Co., formerly, Attorney’s Title Fund, has notified its member agents that it will treat any indication of marriage (i. e, a married couple, married to each other, husband and husband, wife and wife, etc.) as entireties property. This is big. The Fund is usually the last word on title issues in Florida and it is notoriously conservative.

If you have any questions, please contact the Law Firm of Debra G. Simms.

To contact attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Contact Us

Port Orange Office:
Prestige Executive Center
823 Dunlawton Ave. Unit C
Port Orange, FL 32129
Local: 386.256.4882
Toll Free: 877.447.4667
New Smyrna Beach Office:
629 N. Dixie HWY
New Smyrna Beach, FL 32168
Local: 386.256.4882
Toll Free: 877.447.4667